Uncivil Law
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Minnesota's Speech Law Has Lost Twice at the Supreme Court. It Just Convicted Again.
Posted
July 25, 2026
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13:08Now PlayingA Rochester, Minnesota jury just handed down a split verdict in the Shiloh Hendrix trial — not guilty of disorderly conduct involving the child, guilty of disorderly conduct toward the man who filmed the viral playground video. In this video, we break down what the jury actually decided, the sentence (a $1,000 fine, 200 hours of community service, one year of probation, and a stayed 90-day jail term), and why the conviction runs headfirst into fifty years of First Amendment case law. Minnesota Statute 609.72 criminalizes "offensive... language tending reasonably to arouse alarm, anger, or resentment" — language the Minnesota Supreme Court held in In re S.L.J. (1978) can only constitutionally reach "fighting words." We cover State v. Hensel (2017), which struck down a neighboring provision of the same statute, and R.A.V. v. City of St. Paul (1992), the unanimous U.S. Supreme Court decision barring viewpoint-based punishment of speech. Plus: defense attorney Brian Karalus's explosive post-verdict press conference — his allegations about witness perjury, an excluded GoFundMe page, late witness disclosure, Rule 901 of the Minnesota Rules of Evidence, and his fight to "make a record" for appeal. Is this conviction constitutional? Watch, then tell me where I'm wrong.
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